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25/90430/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90430/B Applicant : Mr Max Byrne Proposal : Replacement of existing rear extension, erection of dormer to rear of dwelling, and enlargement of existing rear vehicular access Site Address : 3 Brisbane Street Douglas Isle Of Man IM1 3JL
Senior Planning Officer: Mrs Louise Phillips Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.06.2025 __
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. All external facing and roofing materials to be used on the development hereby approved shall match those of the existing building unless otherwise specified on Drawing No. 25 1888 04.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 3. The new sliding gate hereby approved shall not be fitted until details have been provided to and approved in writing by the Department and the development shall take place in accordance with the approved details and be retained as such thereafter.
Reason: In the interests of the character and appearance of the site and surrounding area.
N 1. The Applicant will need a S109 highway agreement with the D.O.I. for the proposed dropped kerb vehicular access.
This application has been recommended for approval for the following reason. The proposed development would preserve the character and appearance of the surrounding area, including the adjacent Conservation Area. Thus it would comply with the Development Plan and relevant legislation.
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25/90430/B
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Plans/Drawings/Information;
This approval relates to the following plans:
Site & Location Plan - 25 1888 01 Proposed Floor Plans and Elevations - 25 1888 04 Proposed Sections and 3D Images - 25 1888 05 Visibility Splays - 25 1888 06
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
o Highways Services, Department of Infrastructure: No objection. o Douglas Corporation: No objection. __
Officer’s Report
1.0 THE SITE
1.1 The application relates to a two-storey terraced house fronting Brisbane Street in Douglas. There is a single rooflight on the front roofslope. The property backs onto Green Lane, which provides access to a courtyard parking space. The rear of the house has a one and a half storey projecting element and a small boiler house against the northern boundary, and a single storey conservatory filling in the space to the south.
1.2 The boundary of the Windsor Road Conservation Area runs along the west side of Green Lane so that the application site is outside but adjacent to it.
2.0 THE PROPOSAL
2.1 The application includes several different elements. To create a bedroom in the loft, the single rooflight to the front would be replaced with two new ones, and a flat roofed dormer is proposed on the rear roofslope. To extend the kitchen, the conservatory to the rear would be replaced by a new extension of the same depth but with a roofslope continuing that of the existing projecting element; and the boiler store would be rebuilt and enclosed. A flue pipe would be installed against the rear of the projecting element and would extend above it to the height of the first floor windows. It is also proposed to widen the existing rear access onto Green Lane and to provide a new sliding gate and dropped kerb.
3.0 PLANNING POLICY
Site Specific As stated above, the application site is outside but adjacent to the Windsor Road Conservation Area, designated for its special character. There are no Registered Buildings, Registered Trees or Registered Tree Areas that would be affected by the proposal and the site is not at risk of flooding.
Area Plan for the East 2020 3.2 The site is within a predominantly residential area.
Isle of Man Strategic Plan 2016
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25/90430/B
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3.3 Strategic Policies 3(b) and 5 concern the protection of local character and the environment.
3.4 Strategic Policy 4(a) requires development to protect or enhance the fabric and setting of Conservation Areas; and Environment Policy 36 requires development close to Conservation Areas to protect important views into and out of them.
3.5 General Policy 2 provides that development in accordance with land use zoning and other relevant proposals and policies of the Development Plan will normally be permitted subject to certain criteria, including those below which are relevant to this proposal. The development should:
(b) respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) not affect adversely the character of the surrounding landscape or townscape; (g) not affect adversely the amenity of local residents or the character of the locality; (h) provide satisfactory amenity standards in itself including, where appropriate, safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; and (i) not have an unacceptable effect on road safety or traffic flows on the local highways.
3.6 8.12.1 of the Strategic Plan states, "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general".
4.0 OTHER MATERIAL CONSIDERATIONS
Legislation 4.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
4.2 Given that the site is adjacent to the Windsor Road Conservation Area, this requirement applies.
Other 4.3 The following documents are material considerations: o Residential Design Guide o Windsor Road Conservation Area Character Appraisal, 2003
5.0 PLANNING HISTORY
5.1 03/00824/B: Enclosure of part of rear yard to form a conservatory - permitted.
6.0 REPRESENTATIONS
6.1 Highways Services - no objection (07/05/25): "...Highway Services finds it to have no significant negative impact upon highway safety, network functionality and/or parking. To note
6.2 Douglas Corporation - no objection (16/05/25).
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25/90430/B
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6.3 Manx Utilities Authority was consulted on 30/04/25 and has not made comments at the time of drafting this report.
7.0 ASSESSMENT
7.1 The main issue for the determination of this planning application is the effect of the proposed development upon the character and appearance of the area generally, and that of the adjacent Conservation Area.
7.2 The house frontages on Brisbane Street share common features such as walled front gardens and chimneys which give an attractive and distinctive appearance to the street. Rooflights are present on many of the front roof slopes and these are generally fairly small and discreet. The proposed new rooflights at the application site would be similarly small and discreet and they would better align with the windows on the front elevation than does the one to be removed. Thus they would not detract from the character and appearance of Brisbane Street.
7.3 The proposed works to the rear of the house would be adjacent to the boundary of the Windsor Road Conservation Area. This is characterised by small, distinctive neighbourhoods of terraced properties and fine civic spaces in the form of squares and gardens. Derby Square is one such example and this backs onto the east side of Green Lane opposite the application site. However, Green Lane provides rear access to parking, garages and gardens of the terraces on both Brisbane Street and Derby Square and walls, gates and garage doors run along both sides. These are of various sizes, styles and finishes and the Brisbane Street side is no different from the Derby Square side in respect of its character and appearance. Consequently, Green Lane has a distinctly "back lane" feel, and does not contribute significantly to the special character of the Conservation Area.
7.4 Several of the houses in the Brisbane Street terrace have rear extensions of some sort and two have flat roofed dormers. The extension proposed here would be of modest proportions, being the same depth as the existing projecting structure and continuing the downward slope of its roof. It would have rendered, painted walls and a slate roof to match the existing rear elevation. The walls of the boiler store would also be painted, while the roof would be finished in corrugated sheets, appropriate for an outbuilding. The flue pipe would be sensitively sited against the rear elevation of the main building. Both these elements of the proposal would be compatible with the scale, form and design of the host property.
7.5 Whilst it would have a flat roof, the proposed dormer would be well contained within the existing roofslope, set in from the ridge and eaves and away from the chimneys on either side. It would be finished with untreated timber walls and a grey fibreglass top, giving an unobtrusive appearance. Consequently, the dormer would not detract significantly from the original roof profile of the terrace.
7.6 Turning to the works to the rear access, it is proposed to widen the opening in the concrete boundary wall on Green Lane and to replace the existing broken timber gates with a new sliding gate. No details of the gate are provided, but these could be sought by conditions and, given the variety of entrance arrangements already present on Green Lane, they are unlikely to be incongruous.
7.7 Overall, the proposed development would respect the character and appearance of the host property and the surrounding area; and it would preserve the character and appearance of the adjacent Conservation Area. Thus it would comply with Strategic Policies 3(b), 4a and 5; Environment Policy 36; and General Policy 2 of the Strategic Plan.
Other Considerations
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25/90430/B
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7.8 The site is in a built up area where the proposed development is acceptable in principle. It would have no significant impact upon the living conditions of neighbouring residential occupiers in respect of either overlooking or overshadowing and it would not be overbearing. Highways Services is satisfied that the works to the access would not impact negatively upon highway safety, network functionality or parking. However, the Department of Infrastructure is required to give permission to drop the kerb as proposed and so an advisory note should be added to any approval. The kerb is not in fact already dropped as Highways Services suggests.
8.0 CONCLUSION
8.1 For the reasons given above, the proposed development would preserve the character and appearance of the surrounding area, including the adjacent Conservation Area, and would cause no harm in respect of the other matters taken into account. Thus it would comply with the Development Plan and relevant legislation.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative. __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status, and/or rights to appeal.
Decision Made : Permitted Date : 21.06.2025
Determining Officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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